FILED WITH SECRETARY OF STATE SEPTEMBER 30, 1998
APPROVED BY GOVERNOR SEPTEMBER 30, 1998
PASSED THE ASSEMBLY AUGUST 28, 1998
PASSED THE SENATE AUGUST 27, 1998
INTRODUCED BY Assembly Member Keeley
(Principal coauthor: Senator Thompson)
(Coauthors: Assembly Members Bowen, Cardoza, Honda, Kuehl,
Lempert, Torlakson, and Wayne)
(Coauthors: Senators Alpert, Johnston, and McPherson)
Article 17. Nearshore Fisheries Management Act
8585. This article shall be known and may be cited as the
Nearshore Fisheries Management Act.
8585.5. The Legislature finds and declares that important
commercial and recreational fisheries exist on numerous stocks of
rockfish (genus Sebastes), California sheephead (genus
Semicossyphus), kelp greenling (genus Hexagrammos), cabezon (genus
Scorpaenichthys), and scorpionfish (genus Scorpaens), in the
nearshore state waters extending from the shore to one nautical mile
offshore the California coast, that there is increasing pressure
being placed on these fish from recreational and commercial
fisheries, that many of these fish species found in the nearshore
waters are slow growing and long lived, and that, if depleted, many
of these species may take decades to rebuild. The Legislature
further finds and declares that, although extensive research has been
conducted on some of these species by state and federal governments,
there are many gaps in the information on these species and their
habitats and that there is no program currently adequate for the
systematic research, conservation, and management of nearshore fish
stocks and the sustainable activity of recreational and commercial
nearshore fisheries. The Legislature further finds and declares that
recreational fishing in California generates funds pursuant to the
Federal Aid in Sport Fish Restoration Act (16 U.S.C. Secs. 777 to
777l, inclusive), with revenues used for, among other things,
research, conservation, and management of nearshore fish. The
Legislature further finds and declares that a program for research
and conservation of nearshore fish species and their habitats is
needed, and that a management program for the nearshore fisheries is
necessary. The Legislature further finds and declares that the
commission should be granted additional authority to regulate the
commercial and recreational fisheries to assure the sustainable
populations of nearshore fish stocks. Lastly, the Legislature finds
and declares that, whenever feasible and practicable, it is the
policy of the state to assure sustainable commercial and recreational
nearshore fisheries, to protect recreational opportunities, and to
assure long-term employment in commercial and recreational fisheries.
8586. The following definitions govern the construction of this
(a) "Nearshore fish stocks" means any of the following: rockfish
(genus Sebastes) for which size limits are established under this
article, California sheephead (Semicossyphus pulcher), greenlings of
the genus Hexagrammos, cabezon (Scorpaenichthys marmoratus),
scorpionfish (Scorpaensa quttata), and may include other species of
finfish found primarily in rocky reef or kelp habitat in nearshore
(b) "Nearshore fisheries" means the commercial or recreational
take or landing of any species of nearshore finfish stocks.
(c) "Nearshore waters" means the ocean waters of the state
extending from the shore to one nautical mile from land, including
one mile around offshore rocks and islands.
8586.1. Funding to pay the costs of this article shall be made
available from the revenues deposited in the Fish and Game
Preservation Fund pursuant to Sections 8587, 8589.5, and 8589.7, and
other funds appropriated for these purposes.
8587. Effective April 1, 1999, any person taking, possessing
aboard a boat, or landing any species of nearshore fish stock for
commercial purposes shall possess a valid nearshore fishing permit
issued to that person that has not been suspended or revoked. When
using a boat to take nearshore fish stocks at least one person aboard
the boat shall have a valid nearshore fishery permit. Nearshore
fishing permits are revocable. The fee for a nearshore fishing
permit is one hundred
and twenty five dollars ($125).
8587.1. (a) During the preparation and implementation of, and
post-adoption actions taken pursuant to the nearshore fisheries
management plan adopted pursuant to subdivision (d) of Section 7072,
the commission may do any of the following:
(1) Adopt regulations that make inoperative any statute or
regulation of the commission relevant to the nearshore fishery,
including, but not limited to, a statute or regulation that regulates
bag limits, and time, area, and methods of take of fish pursuant to
this article. Any regulation adopted by the commission pursuant to
this paragraph shall specify the particular statute or regulation of
the commission to be made inoperative.
(2) Adopt regulations governing take of fish that are not
presently regulated by statute or regulation of the commission.
(3) Adopt regulations governing take of fish that are presently
regulated by statute or regulation of the commission, but only if the
statutes or regulations are first made inoperative pursuant to this
paragraph for the effective period of the regulation adopted by the
commission pursuant to this paragraph, and only after consulting with
representatives of the affected fisheries.
(b) The circumstances, restrictions, and requirements of Section
219 do not apply to regulations adopted pursuant to paragraph (1) or
(3) of subdivision (a).
8587.2. (a) On or after January 1, 1999, the commission may adopt
such regulations as it determines necessary, based on the advice and
recommendations of the department, to regulate nearshore fish stocks
(b) Any regulations adopted under this section shall be adopted
following consultation with fishery participants and other interested
persons, and following completion of the nearshore fisheries
management plan by the department and its adoption by the commission.
Regulations adopted by the commission may include, but are not
limited to, establishing restricted access areas, requiring submittal
of landing and permit information, including logbooks, regulating
fishing seasons, areas, and gear, and establishing interim harvest
guidelines for individual or multiple species and species groups of
nearshore fish stocks.
8588. (a) Notwithstanding any other provision of this code or any
regulation adopted by the commission, no fish listed under this
section taken pursuant to a commercial fishing license, shall be
possessed, sold, or purchased unless it exceeds the specified minimum
total length in the round or dressed with head on, as established
under subdivision (b), except that nearshore finfish taken in trawls
and landed dead are exempt from these size limits.
(b) The minimum size limits are as follows:
(1) Black and yellow rockfish
(Sebastes chrysomelas) ................ 10 in. or 254 mm
(2) Gopher rockfish
(Sebastes carnatus) ................... 10 in. or 254 mm
(3) Kelp rockfish
(Sebastes atrovirens) ................. 10 in. or 254 mm
(4) California scorpionfish or sculpin
(Scorpaena guttata) ................... 10 in. or 254 mm
(5) Greenlings of the Genus Hexagrammos
(Hexagrammos spp.) .................... 12 in. or 305 mm
(6) Brown rockfish
(Sebastes auriculatus) ................ 12 in. or 305 mm
(7) China rockfish
(Sebastes nebulosus) .................. 12 in. or 305 mm
(8) Grass rockfish
(Sebastes rastrelliger) ............... 12 in. or 305 mm
(9) California sheephead
(Semicossyphus pulcher) ............... 12 in. or 305 mm
(Scorpaenichthys marmoratus) .......... 14 in. or 356 mm
(c) The commission may adopt regulations to modify the minimum
size limits or to specify maximum size limits based on the best
available scientific information.
(d) Regulations adopted by the commission pursuant to subdivision
(c) shall only be adopted following public notice and not less than
one public hearing.
(e) Any nearshore fish as defined in this article or in
regulations adopted by the commission pursuant to this section that
are taken in a nearshore fishery shall be measured immediately upon
being brought aboard the vessel and released immediately if not in
compliance with the size limits specified.
(f) This section shall remain in effect until the adoption of
regulations implementing a fishery management plan for nearshore fish
stocks by the commission, and as of that date, is repealed.
8589. Funding to prepare the plan pursuant to subdivision (d) of
Section 7072 and any planning and scoping meetings shall be derived
from moneys deposited in the Fish and Game Preservation Fund pursuant
to Section 8587 and other funds appropriated for these purposes.
8589.5. The commission shall temporarily suspend and may
permanently revoke the nearshore fishing permit of any person
convicted of a violation of this article. In addition to, or in lieu
of, a license or permit suspension or revocation, the commission may
adopt and apply a schedule of fines for convictions of violations of
8589.7. (a) Fees received by the department pursuant to Section
8587 shall be deposited in the Fish and Game Preservation Fund to be
used by the department to prepare, develop, and implement the
nearshore fisheries management plan and for the following purposes:
(1) For research and management of nearshore fish stocks and
nearshore habitat. For the purposes of this section, "research"
includes, but is not limited to, investigation, experimentation,
monitoring, and analysis and "management" means establishing and
maintaining a sustainable utilization.
(2) For supplementary funding of allocations for the enforcement
of statutes and regulations applicable to nearshore fish stocks,
including, but not limited to, the acquisition of special equipment
and the production and dissemination of printed materials, such as
pamphlets, booklets, and posters aimed at compliance with nearshore
(3) For the direction of volunteer groups assisting with nearshore
fish stocks and nearshore habitat management, for presentations of
related matters at scientific conferences and educational
institutions, and for publication of related material.
(b) The department shall maintain internal accounts that ensure
that the fees received pursuant to Section 8587 are disbursed for the
purposes stated in subdivision (a).
(c) The commission shall require an annual accounting from the
department on the deposits into, and expenditures from, the Fish and
Game Preservation Fund, as related to the revenues generated pursuant
to Section 8587. Notwithstanding Section 7550.5 of the Government
Code, a copy of the accounting shall be provided to the Legislature
for review by the Joint Committee on Fisheries and Aquaculture, and
if that committee is not in existence at the time, by the appropriate
policy committee in each house of the Legislature.
(d) Unencumbered fees collected pursuant to Section 8587 during
any previous calendar year shall remain in the fund and expended for
the purposes of subdivision (a). All interest and other earnings on
the fees received pursuant to Section 8587 shall be deposited in the
fund and shall be used for the purposes of subdivision (a).